Section 1. Authority. These rules are promulgated by the Wyoming Senior Services Board, in consultation with the Aging Division, pursuant to W.S. § 9-2-1212 (a)(iv) and the Wyoming Administrative Procedures Act at W.S. §16-3-101 et seq.
Section 2. Applicability.
(a) These rules have been adopted to guide the operation and activities of the Wyoming Senior Services Board. The Board shall consult with the Aging Division to determine the award of grants under W. S. § 9-2-1214.
(b) These rules apply to all eligible grantees/contractors under the Aging Division.
(c) The Board may issue provider manuals, provider bulletins, or both, to interpret the provisions of these rules and regulations. Such provider manuals and provider bulletins shall be consistent with and reflect the policies contained in this chapter. The provisions contained in provider manuals or provider bulletins shall be subordinate to the provisions of these rules and regulations.
(d) The incorporation by reference of any external standard is intended to be the incorporation of that standard as it is on the effective date of this chapter.
Section 3. Definitions. The following definitions shall apply in the interpretation and enforcement of the rules. Where the context in which words are used in the rules indicates that such is the intent, words in the singular number shall include the plural and vice versa. Throughout the rules, gender pronouns are used interchangeably, except where the context dictates otherwise. The drafters have attempted to utilize each gender pronoun in equal numbers, in random distribution. Words in each gender shall include individuals of the other gender.
For the purpose of the rules, the following shall apply:
(a) “Board” means the Wyoming Senior Services Advisory Board created by W.S. 9-2-1211. The Wyoming Senior Services Board shall consist of seven (7) voting members and a non-voting, ex-officio member, as follows:
(i) The administrator of the Aging Division within the Department of Health or his designee shall serve as a nonvoting, ex-officio member;
(ii) One (1) member of the advisory council on aging appointed by the governor;
(iii) Three (3) persons who are senior citizens appointed by the governor;
(iv) Three (3) members at large appointed by the governor.
(b) “Division” means the Aging Division within the Wyoming Department of Health designated pursuant to W.S. 9-2-1302(a)(iv);
(c) “Eligible Senior Center” means an organization that receives funds under the federal administration on aging Title III-B supportive services program or Title III-C nutrition program, excluding organizations that only receive Title III-B supportive services funds used exclusively for transportation. The term “eligible senior center” may include a community facility or statewide service, which is the focal point for providing a broad spectrum of services, including health, mental health, social, nutritional, recreational, and educational services for senior citizens;
(d) “Emergency” means a serious situation that happens uexpectedly and demands immediate attention.
(e) “Senior citizen” means any person sixty (60) years of age or older;
(f) “This act” means W.S. 9-2-1201 through 9-2-1215.
Section 4. Duties and Responsibilities of the Board.
(a) The Board shall, as per W.S. 9-2-1212:
(i) Review emergency grant proposals;
(ii) Adopt the basic grant amount, grant formula and approve criteria for emergency grant applications through rules and regulations promulgated by the Board to meet the following public purposes:
(A) To meet the demands of Wyoming’s growing elderly population;
(B) To enhance services to Wyoming’s senior citizens;
(C) To strengthen the opportunity for senior citizens to age in the least restrictive environment possible;
(D) To be cost effective in the provision of services to senior citizens;
(E) To promote compliance with federal and state mandates requiring placement of people in the least restrictive environment;
(F) To supplement and enhance existing programs providing services to senior citizens in the state.
(iii) Review and monitor the expenditure of monies awarded under W.S. 9-2-1214;
(iv) In consultation with the Division, promulgate reasonable rules and regulations in accordance with the Wyoming Administrative Procedure Act to implement the provisions of W.S. 9-2-1210 through 9-2-1215; and
(v) Consider other necessary matters.
(b) In fulfilling its duties under subsection (a) of this section, the Board shall:
(i) Consult with the Division and the Advisory Council on Aging, appointed pursuant to W.S. 9-2-1206, as necessary; and
(ii) Consider, and may accept, federal grants and other contributions, grants, gifts, bequests, and donations from any source. Any funds received pursuant to this paragraph are continuously appropriated to the Board to be separately accounted for and expended by grants to senior centers for the public purposes specified in paragraph (a)(ii) of this section and need not be expended as part of an authorized basic or emergency grant.
(c) The Board shall select one (1) of its voting members to serve as chairman, and one (1) of its voting members to serve as vice chairman. The selection shall be made by a majority of voting members at the first full Board meeting of each odd numbered fiscal year.
(d) The Board shall meet not less than two (2) times each year. Members shall serve without compensation but shall be reimbursed for expenses incurred in the performance of their official duties in the manner and amounts provided by law for state employees. Members who are government employees or public officials shall be considered on official business of their agency when performing duties as members of the board.
Section 5. Duties and Responsibilities of the Division.
(a) The Division shall, as per W.S. 9-2-1213:
(i) Maintain, manage, and be responsible for the distribution of the funds appropriated for distribution under W.S. 9-2-1212 and W.S. 9-2-1214;
(ii) Disburse the funds appropriated in accordance with awards made by the Board pursuant to W.S. 9-2-1212 and W.S. 9-2-1214.
(b) The Division shall provide administrative support, technical services, and statistical information, as requested by the Board.
Section 6. Disbursement of Funds
(a) Appropriated funds shall be disbursed, as follows:
(i) From the funds available for distribution, the Aging Division may first retain not more than one percent (1%) to pay allowable expenses of the Board. The Board may award grants to senior centers throughout the state to support the purposes specified in W.S. 9-2-1212(a)(ii) from remaining funds available for distribution. The Division shall disburse grant funds in accordance with awards made by the Board under this section.
(ii) The Board, in consultation with the Division, shall by rule and regulation establish a plan for distribution of funds remaining available for distribution under this section, as follows:
(A) Each eligible senior center in the state shall receive the same basic grant of up to thirty thousand dollars ($30,000.00) annually from the funds available for distribution;
(B) Of the amounts remaining after the basic grants are awarded, the Board shall annually award ninety-five percent (95%) for grants to eligible senior centers, based on the formula developed by the Board, in consultation with the Division.
(C) Funds remaining after the award of basic and formula grants under this section shall be used for emergency grants, based upon these rules and criteria and procedures adopted by the Board, in consultation with the Division. Emergency grants shall be paid only if the center has no other available source of funds for the emergency. No emergency grant shall exceed twenty thousand ($20,000.00) for any single occurrence.
(iii) Notwithstanding W.S. 9-4-207, unobligated or unencumbered funds retained by the Division under this section shall not lapse at the end of a fiscal period, and shall remain available for distribution, as provided in this section. All funds retained pursuant to this subsection shall be accounted for separately. These funds shall not be required to be distributed pursuant to any grant formula adopted pursuant to this article, but shall be available for emergency grants, or may be distributed according to a grant formula, as determined by the Board.
(b) The Board, in consultation with the Division, shall develop funding criteria, based on the provisions of Section 6(a)(ii) of these rules and the purposes in W.S. 9-2-1212, and provide information on the anticipated funding levels for each grant period.
(i) Each eligible senior center shall receive a basic grant of through the funding process to address the center’s needs for serving the elderly in the community.
(ii) Ninety-five percent (95%) of the amount that remains after the basic grants are awarded, and the one percent (1%) for Board expenses has been retained by the Division, will be available for eligible senior centers to apply for additional funding, based on the formula developed and adopted by the Board in consultation with the Division, as per the following criteria:
(A) The formula will be based on services data, as reported to the Division, and appropriate demographic data.
(iii) Funds remaining after the basic and formula grants are awarded will be available to eligible senior centers in the form of emergency grants, based upon Board approval of emergency grant proposals. No emergency grant shall exceed twenty thousand ($20,000.00) for any single occurrence. Emergency grant applications will be funded based on, but not limited to, such factors as:
(A) Availability of funding;
(B) The center has no other available sources of funds for the emergency;
(C) Approval of the emergency grant application and its proposed purposes, as decided by the Board, in consultation with the Division.
Section 7. Public Notice to Accept Grant Applications/Contracts.
(a) The Division, in consultation with the Board, will provide written notice regarding the acceptance by the Board of applications for the basic grant and the formula grant. Notice of the process for grant applications, as determined by the Board, will be distributed no later than March 31 for a grant period covering July 1 through June 30 of the following year. Information will be sent directly to eligible senior centers by the Division.
(b) Applications for emergency funds will be accepted on an as needed basis.
Section 8. Grant Applications.
(a) Grant applications shall include, at a minimum:
(i) A cover page, in a format approved by the Board in consultation with the Division, with the original signature of the applicant organization’s Board Chairman, or authorized official, and the original signature of the organization’s Director;
(ii) Supporting budget pages and budget justification;
(iii) Funding request narrative in the format approved by the Board.
Section 9. Approval or Denial of Grant Applications.
(a) Grant applications must be received in the office of the Division by the date set by the Board, in consultation with the Division.
(i) Grant applications postmarked after the specified date may not be accepted.
(b) Each application will be reviewed by the Board, in consultation with the Division, according to following criteria:
(i) The grant application was received by the specified date;
(ii) The grant shall be complete and accurate;
(iii) The grant shall meet the needs of the elderly, per the purposes of this funding, as described in Section 6(a)(ii) of these rules.
(c) If approved, the grant will be processed, and a Notice of Grant Award will be issued by the Division, along with a contract for the disbursement of funds.
Section 10. Carryover of Funding. The Board, in consultation with the Division, will review the final reports from grantees within thirty (30) days of the end of the grant period. If a grantee has not spent all of its awarded funds by the end of the grant year, the Board may approve an extension of time in which to use those unspent funds, contingent upon the following:
(a) The grantee must submit to the Board, within thirty (30) days prior to the end of the grant period, a letter of explanation outlining:
(i) Why the grantee will be unable to spend the funds by June 30.
(ii) The date by which the carryover funds will be spent, not to exceed three (3) months after the end of the previous grant period.
(b) Any unspent funds must be returned to the Board by July 15 each year, unless an extension for carryover has been approved by the Board.
Section 11. Payment. The Division, at the direction of the Board, will make payments to grantees, contingent on the following:
(a) The Board, in consultation with the Division staff, will review and analyze required quarterly program performance reports and fiscal reports.
(b) The Board reserves the authority to suspend or delay funding if terms and requirements of the contract are not being met.
Section 12. Budget Revisions. Any modification to an approved budget that exceeds ten percent (10%) of the original budgeted amount in any expense category must be approved, in advance, by the Board. A written letter of request and explanation must be submitted to the Chair of the Board, who will seek timely approval by the Board, and will notify the requesting entity of the Board's decision.
Section 13 Monitoring and Assessment. The Board, in consultation with the Division, will review and analyze required grantee quarterly program performance reports and fiscal reports, and Board requested Division assessment reports, as applicable.
(a) At the request of the Board, the Division staff will conduct an on-site review of grantees. A written report will be sent to the Board and the grantee within thirty (30) days of the requested on-site review.
Section 14. Reporting. The Board, in consultation with the Division, will review and evaluate program and fiscal reports:
(a) Written program performance and fiscal reports are required for each quarter of the grant year. Two (2) copies of the reports must be received by the Division by the fifteenth (15th) day of the month following the end of each quarter.
Section 15. Compliance. If grantee deficiencies or non-compliant conditions are found, the Board, in consultation with the Division, may:
(a) Work with the grantee to determine the corrective steps and/or plan of action to be taken by the grantee;
(b) Develop a written plan of action and/or corrective steps to be completed by a mutually agreed upon date, not later than ninety (90) days from the date of the agreed upon plan of action; and
(c) Re-assess or re-evaluate the grantee at the end of the ninety (90) day correction period for compliance with all applicable rules and the plan of action.
Section 16. Severability. If any portion of these rules is found to be invalid or unenforceable, the remainder shall continue in effect.